Attorney General Steve Marshall recently led a 26-state brief with the U.S. Supreme Court (SCOTUS), asking the court to overturn a lower court's ruling against an Idaho law prohibiting biological males from competing in women's sports.
The Ninth Circuit Court of Appeals ruled that Idaho's "Fairness in Women's Sports Act" likely violates the Equal Protection Clause of the U.S. Constitution by not allowing biological males who identify as women to compete on sports teams reserved for females.
Marshall's brief is not without an Alabama interest in mind. In 2023, the Alabama Legislature passed House Bill 261, carried by State Rep. Susan DuBose (R-Hoover). The law limits transgender students to playing sports in public colleges and universities only with their biological sex. The bill was signed into law in May 2023.
Alabama's law has not been challenged in court. However, any potential action by SCOTUS could provide an easy precedent for a legal challenge should the courts rule against Idaho again.
"As we have recently seen on the world stage, males have an unfair competitive advantage when compared to females," Marshall said. "After 50 years of tremendous strides to expand opportunities for girls and women to compete in sports on a level playing field, we are backpedaling as biological males take opportunities from girls and women who deserve the chance to succeed. As Biden and Harris push to expand the definition of 'female' to biological males to appease a small minority of their base, states like Idaho and Alabama are determined to protect the integrity of girls' sports from these radical ideologues. The law is on our side, public opinion is on our side, and ultimately, we will prevail in our fight for fairness and equal opportunity regardless of a person's biological sex."
Marshall was also recently successful in receiving an injunction against the Biden administration's efforts to impose a broad rule change in applying Title IX, the sweeping name given to civil rights legislation prohibiting sex-based education discrimination. The rule would add gender identity and sexual orientation to the list of federally protected groups, essentially nullifying HB261.
Marshall led the brief along with Arkansas Attorney General Tim Griffin. They were joined by the attorneys general of the following states: Alaska, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia and Wyoming.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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